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Final Rule Prohibits Hand-Held Cell Phone Use by CDL Truck Drivers

  
  
  
  
  
  

Final Rule Prohibits Hand-Held Cell Phone Use by CDL Truck Drivers

On Friday, December 2, the Federal Motor Carrier Association (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a joint final rule prohibiting the use of hand-held cell phones by CMV interstate truck drivers and intrastate hazmat truck drivers.  The final rule will take effect on January 3, 2012.

CDL drivers are prohibited from holding, dialing, or reaching for a hand-held cell phone – this includes all “push-to-talk” functions.  The final rule does not restrict or prohibit the use of hands-free devices.  The new rule permits truck and bus drivers to use handheld cells after they have moved their vehicles to the side of or off of a highway or have stopped where the vehicle can safely remain stationary.

The American Trucking Associations (ATA) has created a summary of the final rule, which can be viewed by clicking here.  

Violations of the rule qualify as “serious traffic violations” under FMCSA regulations.  Drivers who violate the restriction will face federal civil penalties of up to $2,750 for each offense.  Additionally, states will suspend a driver's CDL after two or more serious traffic violations.  Commercial truck and bus companies that allow their drivers to use hand-held cell phones while driving will face a maximum penalty of $11,000.

This is the latest action by the Department of Transportation (DOT) to end distracted driving among commercial truck drivers - a major focus of the DOT since 2009.  In September 2010, FMCSA issued a regulation banning text messaging while operating a commercial truck or bus

“When drivers of large trucks, buses and hazardous materials take their eyes off the road for even a few seconds, the outcome can be deadly,” said U.S. Transportation Secretary Ray LaHood in a statement today announcing the final rule.  “I hope that this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel.”

To view the final rule in its entirety, click here.  To learn more about the DOT's efforts to stop distracted driving, please visit http://www.distraction.gov.


Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee.  Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.

Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.

 

Comments

Isnt a CB Radio considered a "Push to talk," device? Does that rule include that?
Posted @ Sunday, December 18, 2011 10:20 AM by Ray
Under this final rule, hands-free technology is allowed.  
 
Also, CB radios and fleet management systems are not prohibited. 
 
Posted @ Monday, December 19, 2011 9:50 AM by Jeremy Reymer
Am I just wistful thinking or am I reading that if you don't carry HazMat (Whether endorsed or not) and that your truck Does Not leave the State your terminal is located in, that you are exempt? Here is an excerpt from the AMA posted Reg: [4. State Requirement – States will be required to adopt the final regulations within three years of 
enactment as a condition of receiving full Motor Carrier Safety Assistance Program (MCSAP) 
funding. Once states adopt the federal regulatory language, the rule will become applicable to 
intrastate non-hazmat CMV drivers.]
Posted @ Sunday, January 01, 2012 1:18 PM by Robert
in my opinion not that it would matter why would u single out the truck drivers out there if u take a good look at the numbers the general public using cell phones while driving and causing accidents would greatly outnumber the commercial truck driver hands down i do realize that im not the only one with this concern but when is the truck driver gonna get some credit for keeping america alive instead of being singled out
Posted @ Wednesday, January 04, 2012 11:49 AM by concerned truck driver
I don't disagree at all with the new law but as a cdl driver..however what I do disagree with is the fact that if u can pass that for a truck or bus then pass it for cars also...what's good for truckers is good for civilians .. 
Posted @ Thursday, January 19, 2012 7:09 PM by stacy blackwell
well well well,yet again the government takes control over us.how about all the idiots behind the wheels of cars,i guess it's perfectly safe for them to do 40 and 50 m.p.h down the interstate while on their phones.again we as c.d.l holders are held to higher standards while the general motoring public gets away with "MURDER"
Posted @ Monday, January 30, 2012 7:55 AM by michael stein
whats the difference between rule and law 
 
Posted @ Sunday, February 12, 2012 9:29 AM by
This particular final rule became law on January 3, 2012. This law only applies to CMV interstate truck drivers and intrastate hazmat truck drivers. A violation of this law is considered a "serious traffic violation". Violators could face penalties of up to $2,750 for each offense. 
 
The challenge for the authorities will be the enforcement of this new law - it's not that easy to detect truck drivers who are using hand-held cell phones. 
 
Posted @ Monday, February 13, 2012 5:37 AM by Jeremy Reymer
the drivers keep letting them do whatever they feel like. making new laws against the driver.as they please. and no one will stand up.so shut up and keep taking it.
Posted @ Saturday, February 25, 2012 9:55 AM by Doug
Does this also include a CDL drivers personal vehicle such as a Nissan Altima? I'm guessing that the vehicle doesnt matter just that any CDL holder regardless of vehicle is subject to this new law.
Posted @ Tuesday, March 20, 2012 5:15 PM by allen
This new law is only applicable to operators of commercial vehicles. If you happen to have a CDL, and are driving a passenger vehicle, you are NOT subject to this law. However, you will be subject to the cell phone / texting laws of the state you are driving in.
Posted @ Wednesday, March 21, 2012 3:50 AM by Jeremy Reymer
are municipal vehicles considered to be commercial vehicles???
Posted @ Sunday, March 25, 2012 12:41 PM by cire
My question is when driving a pick up truck that has a DOT number is that considered a commercial vehicle and subject to this law?
Posted @ Wednesday, July 18, 2012 5:06 PM by jack shane
Jack, 
 
Great question. Though your pick- up truck has your company's USDOT number on it, the Hand-Held Cell Phone rule is in place when driving a commercial motor vehicle only. However, best practice, even in a pick-up truck, is it's safer to use a bluetooth wireless phone while driving (just not mandatory). Be safe!!
Posted @ Monday, July 30, 2012 2:30 PM by Jim Fairfield
Is it true, That illegial aliens living in America can legally get C.D.L. Drivers License and are exempt from all Haz-Mat, Cell Phone Rules and Regulations.
Posted @ Tuesday, November 20, 2012 6:13 PM by Changing Careers
Gearing specific services to specific customers shows an understanding of their needs and your value.
Posted @ Thursday, December 13, 2012 3:43 AM by christian louboutin outlet
As a CDL holder/semi driver i see everyday truckers not obeying the new law.When i went out & spent $149.00 on a blue toothe to do the right thing....Today a Ohio State Patrol ran off the road while on icey roads on his cell phone...why is`nt it a rule for everyone?????????????
Posted @ Wednesday, March 13, 2013 7:35 PM by mark knisley
Why do they not regulate mechanics that are working on commercial vechiles? I worked for a commercial truck company that refused to fire a mechanic that was drinking on duty and he had truck tires come off as the truck was going down the highway due to his drinking.I asked the owner to fire him but that came to deaf ears.They control the drivers saftey in their hands.
Posted @ Monday, April 29, 2013 6:25 AM by Emil Gunnary
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